LEASE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT OF LEASE is made and executed at the CITY OF LAPU LAPU, this 15th day of
AUGUST, 2022, by and between:
MONALISA S. BORJA, of legal age, married, Filipino, and with residence and postal address
at Pueblo de Oro, Babag 2, Lapu Lapu City, Cebu, hereinafter referred to as the LESSOR.
-AND-
MARLON OSTIA TAUTOAN, Filipino and with residence and postal address at Rabaya St.,
Kimba, San Roque, Talisay City, Cebu, hereinafter referred to as the LESSEE.
WITNESSETH; That
WHEREAS, the LESSOR has a commercial space for rent at Purok Mangga, Gun-ob, Lapu Lapu
City, Cebu;
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing
to lease the same;
NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the
LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the
following:
TERMS AND CONDITIONS
1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for
commercial purposes only and shall not be diverted to other uses. The LESSEE, at his own expense
may put up improvements upon prior consultation and written approval of the LESSOR within the
premises hereby leased for the purpose of storage, retail, and commercial in nature and not for any
purpose whatsoever. It is being expressly agreed that if, at any time during the existence of this
lease and without the previous written consent of the LESSOR, the said premises are used for the
purposes other than what is stated, the LESSOR has the option of either terminating the lease or
collecting increased rental as deemed appropriate from the date of diversion of use of the premises
or to compel the LESSEE to stop the unapproved activity.
2. TERM: This term of lease is for ONE (1) YEAR from AUGUST 15, 2022 to AUGUST 14, 2023
inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as may
be mutually agreed upon by both parties, written or verbal notice of intention to renew the lease
shall be served to the LESSOR not later than thirty (30) days prior to the expiry date of the period
herein agreed upon.
3. RENTAL RATE: The monthly rate for the leased premises shall be in PESOS: FORTY
THOUSAND (P 40,000.00). All rental payments shall be payable to the LESSOR.
4. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as
when the checks are dishonored, the LESSOR at its option may terminate this contract and eject
the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of
payment for One (1) month and may forfeit whatever rental deposit or advances have been given by
the LESSEE.
5. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased
premises to be occupied in whole or in part by any person, form or corporation, neither shall the
LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or
therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S
written approval.
6. CARE OF THE LEASED PREMISES: The LESSEE shall examine the Leased Premises before
taking possession thereof, and LESSEE’s entry into possession shall constitute conclusive evidence
or admission by the LESSEE that as of the date thereof, the said Premises were in good order and
satisfactory tenantable condition. The LESSEE hereby binds itself to keep and maintain the same in
such condition as a prudent person shall do under the circumstances, ordinary wear and tear
expected. The LESSEE shall at its own expense, improve and maintain the Leased Premises clean
and free from rubbish and dirt at all times, store all trash and garbage in proper containers and not
burn any trash and garbage in or about the Leased Premises or anywhere within the Premises.
7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet,
association dues and other public services and utilities during the duration of the lease.
8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged
by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of
acts of God, as to render the leased premises during the term substantially unfit for use and
occupation of the LESSEE, then this lease contract may be terminated without compensation by the
LESSOR or by the LESSEE by notice in writing to the other.
9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice
to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its
representative at any reasonable hour to examine the same or make repairs therein or for the
operation and maintenance of the building or to exhibit the leased premises to prospective LESSEE,
or for any other lawful purposes which it may deem necessary.
10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as
herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all
corresponding keys and in as good and tenantable condition, ordinary wear and tear expected
devoid of all occupants, movable furniture, articles and effects of any kind. It is expressly agreed by
both parties that any fixed improvements and/or renovations that will be introduced in the subject
premise shall become the property of the LESSOR after the expiration of the contract. Non-
compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the
latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent
therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have
complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to
leave the premises after the expiration of this Contract of Lease or termination for any reason
whatsoever.
11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief
against the other, the losing party shall pay an amount of One Hundred (100) % of the amount
clamed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos in
addition to other cost and damages which the said party may be entitled to under the law.
12. VENUE OF ACTIONS: In case of suit arising from this Contract, the venue of the action shall
be the proper courts of LAPU-LAPU CITY, to the exclusion of all other courts.
13. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-
in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.
____________________________ ____________________________
LESSOR LESSEE
Signed in the presence of:
_____________________________ ______________________________
ACKNOWLEDGEMENT
Republic of the Philippines)
_________________________) S.S
BEFORE ME, personally appeared:
Name ID Number Date/Place Issued
________________________ ____________ ______________________________
________________________ ____________ ______________________________
Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.
This instrument consisting of ____ page/s, including the page on which this acknowledgement is
written, has been signed on each and every page thereof by the concerned parties and their
witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the date and place first above written.
Notary Public
Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.
